The program was revealed at a hearing Wednesday as the chairman, state Sen. Steve Lathrop, questioned Gov. Dave Heineman. Heineman was subpoenaed to testify under oath as part of an investigation into miscalculated prison sentences and other problems.

Lathrop said the program allowed the release of inmates convicted of second-degree murder, manslaughter and other crimes.

Heineman said he wanted to examine those facts.

"My experience with the parole board is they take their responsibility very seriously and generally they don't let out violent offenders, so I would like to have their side of the story too," Heineman said.

Lathrop argued that the re-entry furlough program violated state law, because it was created without public hearings or a waiver signed by the governor. Nebraska Attorney General Jon Bruning and the Department of Correctional Services both say the regulations in question didn't have to go through that process and weren't illegal.

Jen Rae Wang, a spokesperson for Heineman, said in a statement Wednesday that the program was lawful.

"The program is legal, was created in accordance with state statute and the state's attorney general has verified this. Unfortunately, the entire premise of Lathrop's line of questioning was incorrect," Wang said.